You are on page 1of 1

When there is plurality of parties but there is no clear indicator of their relationship, the

obligation should be treated as a joint obligation because according to Article 1207, the
concurrence of two or more creditors or of two or more debtors in one and the same obligation
does not imply that each one of the former has a right to demand, or that each one of the latter
is bound to render, entire compliance with the prestation and that there is only a solidary
liability when the obligation expressly so states, or when the law or the nature of the obligation
requires solidarity. Therefore, when there is a collective obligation which means that there are
two or more creditors or two or more debtors, and that they are in one and the same
obligation, the presumption is that the obligation will be joint unless solidarity is expressly
stated. This joint obligation would mean that each debtor answers only for the part of the
whole liability and to each creditor belongs only a part of the correlative rights.

You might also like